MUNICIPAL COUNCIL, SRINAGAR Vs. ALI MOHD MIR

JUDGEMENT

(1.) THIS revision petition is for enhancement of sentence reduced by the Sessions Judge, Srinagar, in appeal on 12 -6 -1976, in case Srinagar Municipal Counsil Vs. Ali Mohd. Mir.

(2.) THE accused respondent was proceeded against in the court of the Municipal Magistrate, Srinagar, under Section 16 of Prevention of Food Adultration Act, 1954 for carrying four cans of cows milk for sale which was found adultrated. After recording the evidence in the case, the learned Magistrate found the accused respondent guilty of offence under Section 16 of the Prevention of Food Adulteration Act, and sentenced him to eight months rigorous imprisonment and to pay a fine of Rs. 1,000/ - In default of payment of fine, the accused -respondent was order to under -go further rigorous imprisonment for four months. On appeal the Sessions Judge, Srinagar, maintained the conviction but reduced the period of imprisonment to one already undergone by the accused -respondent.

(3.) SHRI K. N. Raina, appearing for the Municipal Counsel has submitted that sessions Judge has absolutely over -looked the law on the subject. Before him the Counsel for the accused -respondent did not challenge the legality of the conviction. The only prayer that was made before the appellate court was that sentence being excessive should be reduced. It was established that an respondent was carrying four pitchers of milk which were adulterated. Under section 16 (i) of the Prevention of Food Adulteration Act, the minimum sentence to be imposed is six months. Therefore, keeping in view the mandatory provisions of the Section there was no option left with the Sessions Judge but to impose the minimum sentences prescribed. Although the lower appellate court has observed that there are special reasons for reducing the sentence but no reasons have been given, it is further submitted that the accused has under gone only one weeks imprisonment and that is too meagre sentence that should have been imposed under the law by the Session Judge. In view of these submissions, it is urged that the sentence reduced by the Sessions Judge, be enhanced: